Prenuptial agreements are not typically the first thing on the minds of California couples or others around the nation. While not necessarily the most romantic topic to discuss prior to tying the knot, these documents can prove to be valuable should a couple subsequently decide to get a divorce. In fact, a majority of matrimonial lawyers have witnessed an increase in the number of clients who want to get some sort of marital agreement.
One reason couples may shy away from discussing the option of a prenuptial agreement is a misunderstanding of what the document actually does. Basically, a prenup is signed prior to a marriage and specifies how a couple wants to divide the marital assets and debts in the event of a divorce. Many couples determine that it is less stressful to discuss these potentially volatile topics before any conflicts arise between the spouses.
Millennials in particular are inquiring more frequently about entering into prenups. The fact that many in this generation have significant student loans and credit card debt contributes to the increase. Also, many couples have two working spouses now, thus prompting both to want to protect themselves financially. Some have family property and inheritances or business interests they wish to protect.
Any California couple who wishes to enter into a prenuptial agreement prior to the wedding should seek the guidance of a divorce attorney. If a couple is already married, a postnuptial agreement can address the same financial issues. An experienced lawyer can ensure that a client’s needs are assessed and protected, both currently and for the future.